(Last revised June 2017)

[1]             Your decision must be based only on the evidence presented in the courtroom. Evidence is the testimony of witnesses and items entered as exhibits. It may also consist of admissions.

[2]             Evidence includes what each witness says in response to questions asked. The questions themselves are not evidence unless the witness agrees that what is asked is correct. Only the answers are evidence.

[3]             [1] The Crown and the defence (or (NOA)) may also agree about certain facts. When that happens, no evidence is required. Whatever they agree about is a fact in this case. This is called an “admission.”

(Where appropriate, include para. [4])

[4]             In this case you may be required to view (specify, e.g., photos from the autopsy or crime scene) and hear the testimony from (specify, e.g., the doctor who conducted the autopsy or a blood spatter expert). You may find this evidence to be graphic (or specify, e.g., upsetting). If at any time you require a break when we are considering this evidence, please put up your hand and let me know.

[5]           There are also some issues or items that you have been aware of that are not evidence. If I instruct you to disregard any of those issues or items, you must do so. You must not consider or rely upon them to decide this case.

[6]          In particular, the charge in the indictment that you heard read out when we started this case is not evidence. What the lawyers and I say when we speak to you during the trial is not evidence.

[7]          What you hear outside this courtroom about this case or about any of the persons involved in it is not evidence. What you hear on radio, or see on television, in the newspaper or any Internet source, or what you may have heard from other persons is not evidence. You must ignore it completely. You must avoid all media coverage of this case. You must not do your own research. You must consider only the evidence put before you in the courtroom.[2]